What is the deadline for contesting a will in North Carolina? - Florida
The Short Answer
Under Florida law, the deadline to contest a will is usually very short once you receive the probate court’s Notice of Administration—generally 3 months from the date you were served. If you miss the deadline, your objection can be permanently barred, even if you believe the will is invalid.
What Florida Law Says
In Florida, most will contests are raised as an objection in the probate case after the estate is opened and the personal representative serves a Notice of Administration. The key issue is often when you were served (or whether you were properly served), because that service date typically starts the clock.
The Statute
The primary law governing this deadline is Fla. Stat. § 733.212.
This statute requires an interested person who is served with a Notice of Administration to file any objection challenging the validity of the will (as well as venue or jurisdiction) on or before the date that is 3 months after the date of service, or the objections are forever barred.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The 3-month deadline in Fla. Stat. § 733.212 is unforgiving, and the statute tightly limits when it can be extended.
- Burden of Proof: Even if you file on time, you still must prove legal grounds to invalidate the will (for example, lack of capacity, undue influence, or improper execution), which often requires documents and witness testimony.
- Exceptions and Notice Issues: Whether you were properly served, whether you waived notice, and whether other probate filings occurred can change your options and defenses.
If you suspect a will is invalid, waiting can cost you your ability to be heard in court. A probate attorney can quickly evaluate the timeline, confirm what notices were served, and protect your rights without avoidable missteps.
For more Florida probate timing issues, you may also find helpful: Florida probate deadlines when no probate was opened within a year.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.